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If you are arrested
for DUI/DAI in Pennsylvania you will be subject
to two separate cases. The first case is the
criminal court case where the prosecution will
bear the burden of proving beyond a reasonable
doubt that you committed the crime of “Driving
Under the Influence” or “Driving
After Imbibing.” If convicted you could
face various criminal punishments such as probation,
community service, mandatory alcohol rehabilitation
and even jail time. The second case is the
administrative or civil case with the Pennsylvania
Department of Transportation. The sole issue
with this case is your privilege to drive.
This case is separate and independent from
the criminal case and it is quite possible
to be acquitted from the criminal charges and
still have your license suspended or revoked
through the Department of Transportation case.
With
respect to the criminal case, the prosecution
basically has two theories
in which to prosecute the charges. First,
the prosecution can bring the case under
the “per se” theory and what
this means is that if you submit to a blood-alcohol
concentration test and the results show
your blood-alcohol level to be .08% or
higher, the prosecution will have met its
burden in that case. This theory relies
soley on your body chemistry and it makes
no difference whether you were driving
in a safe manner or showed any visible
signs of being under the influence.
The
second theory in which the prosecution
can bring your case is the “under
the influence” theory. Under this
theory the prosecutor will usually introduce
evidence such as the testimony of the arresting
officer regarding your field sobriety tests,
his or her observations regarding your
driving pattern and appearance and any
statements you may have made to the officer
during your arrest. The prosecution may
also introduce evidence of your blood-alcohol
concentration and statements of eyewitnesses
to prove your inability to safely operate
your vehicle.
Pennsylvania Criminal DUI/DAI Law and Penalties
Pennsylvania’s drunk
driving offenses are labeled driving under
the influence
(DUI), driving while impaired (DWI) or
driving after imbibing (DAI).Pennsylvania
has a three-tiered punishment system. The
three tiers are broken down as follows:
(1) the blood-alcohol content of .08% to
.099%; (2) a blood-alcohol content of .10%
to .159%; and (3) a blood alcohol content
of .16% or higher.
The severity of the punishment in Pennsylvania
is dependent upon two factors. The first
factor is the blood-alcohol level upon
your arrest and the second factor is whether
or not the offense was your first or subsequent
offense.
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most states, when you’re arrested
for DUI/DA I in Pennsylvania you will not
only have to deal with the criminal case,
but you also have to deal with the administrative
case against the Pennsylvania Department
of Transportation. This case is civil in
nature and can only result in driver’s
license suspensions. However, since the
cases are separate it is possible to be
acquitted of the criminal charges or have
the charges dismissed and still have your
license suspended pursuant to the administrative
case.
The Department of
Transportation has the power to suspend
your license pursuant
to Pennsylvania’s implied consent
laws. When requested to take a blood-alcohol
test you have the right to refuse such
a test but this refusal results in a one-year
loss of your driver’s license. The
suspension may be appealed, but the appeal
must be filed within 30 days of your suspension
notice from the Pennsylvania Department
of Transportation.
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6
months max. probation, $300 fine,
attend Alcohol Highway Safety School,
a CRN evaluation and full assessment
and compliance with D&A treatment
as part of sentencing.
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5
days min. imprisonment, $300 -
$2,500 fine, 12 month license suspension,
attend Alcohol Highway Safety School,
a mandatory 1 year ignition interlock,
CRN evaluation and compliance with
D&A treatment as condition
of sentencing. |
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10
days min. imprisonment, $500 -
$5,000 fine, 12 month license suspension,
mandatory 1 year ignition interlock,
CRN evaluation and compliance with
D&A treatment as condition
of sentencing.
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48
consecutive hours imprisonment,
$500 - $5,000 fine, 12 month
license suspension, attend
Alcohol Highway Safety School,
a CRN evaluation and compliance
with D&A treatment as part
of sentencing.
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30
days min. imprisonment, $750
- $5,000 fine, 12 month license
suspension, attend Alcohol
Highway Safety School, a mandatory
1 year ignition interlock,
a CRN evaluation and compliance
with D&A treatment as condition
of sentencing.
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90
days min. imprisonment, $1,500
- $10,000 fine, 18 month license
suspension, a mandatory 1 year
ignition interlock, a CRN evaluation
and compliance with D&A
treatment as condition of sentencing.
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72
consecutive hours min. imprisonment,
$1,000 - $5,000 fine, 12 month
license suspension, attend
Alcohol Highway Safety School,
a CRN evaluation, mandatory
full D&A assessment and
compliance with D&A treatment
as a condition of sentencing.
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90
days min. imprisonment, $1,500
min. fine
18 month license suspension,
attend Alcohol Highway Safety
School, mandatory 1 year ignition
interlock, a CRN evaluation,
mandatory full D&A assessment
and compliance with D&A treatment
as condition of sentencing.
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1
year min. imprisonment, $2,500
min. fine, 18 month license
suspension, mandatory 1 year
ignition interlock, CRN evaluation,
mandatory full D&A assessment
and compliance with D&A
treatment as condition of sentencing.
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For more information regarding
Pennsylvania drunk driving laws, please see
the Pennsylvania Vehicle Code.Click Here
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